Author: Phillip Gibson
Downing Centre Local Court, Sydney
Represented by Solicitor: Phillip Gibson, Accredited Specialist Criminal Law
Case Facts: Police entered the toilets of a Kings Cross hotel and saw the client handing a small re-sealable bag to another male. He admitted to police that the bag contained cocaine. He was charged with supplying cocaine. The weight was around 0-1 grams including the weight of the bag. The contents were really the residue or left overs.
Case Result The client pleaded guilty. Normally people who plead guilty or are found guilty of supplying cocaine or supplying a prohibited drug face severe penalties including the risk of imprisonment.
In this case, there was no financial gain. Our client had no prior criminal record and was of otherwise good character. He did not have a drug habit. The weight of the drug was very low and the act of supply in this case was to a friend – in effect sharing the drug – but still being supply, as defined by legislation.
The Magistrate found the offence proved but did not proceed to conviction pursuant to section 10 Crimes (Sentencing Procedure) Act.